Would you drop a series if you received a "Cease and Desist" letter?

[Starks]

Simple question... Yes or no.

(Side note, AnimeJunkies is probably the only group to have EVER ignored a C&D letter.)

[tun]

Nope.

"If you're going to lie, lie all the way till the end."

If I'm already doing something that I know is illegal(fansubbing), then that means I also understand the risks and consequences.

[wingdarkness]

Nope, this ain't stealing recipes...

This is piracy...where we walk the plank for fun ...

[Starks]

Originally Posted by tun

Nope.

"If you're going to lie, lie all the way till the end."

If I'm already doing something that I know is illegal(fansubbing), then that means I also understand the risks and consequences.

I feel the same way, but corporate lawyers can be scary. I'd keep on subbing until I am served a court summons or the police come knocking on my door.

[relentlessflame]

I guess we probably need to differentiate between a true "cease and desist" request (usually broader in scope and more targeted) and the more tame (and more common) DMCA "take down notice". I'm sure we've all seen many groups skirt around the second issue, but I agree that not many have avoided the first. So, I'm assuming this thread and poll is referring to the first type - where a copyright holder contacts you demanding that you cease the production and distribution of fansubs based on their intellectual property. This could, in theory, come from either R2 or R1 publishing companies.

[Starks]

Originally Posted by relentlessflame

I guess we probably need to differentiate between a true "cease and desist" request (usually broader in scope and more targeted) and the more tame (and more common) DMCA "take down notice". I'm sure we've all seen many groups skirt around the second issue, but I agree that not many have avoided the first. So, I'm assuming this thread and poll is referring to the first type - where a copyright holder contacts you demanding that you cease the production and distribution of fansubs based on their intellectual property. This could, in theory, come from either R2 or R1 publishing companies.

I was referring to the nastygrams Shinsen always gets...

Didn't know about the DMCA "take down"...

[Ensign Shiro Amada]

Originally Posted by tun

Nope.

"If you're going to lie, lie all the way till the end."

If I'm already doing something that I know is illegal(fansubbing), then that means I also understand the risks and consequences.

Fansubbing's illegal as is, of course, but I've never encountered a series I care enough about seeing subbed to warrant continuing after recieving a C&D. Fansubbing's a part of my life but it's not my life, so if I recieve a warning of possible prosecution, I'll stop without a second's thought.

[relentlessflame]

Originally Posted by Starks

I was referring to the nastygrams Shinsen always gets...

Didn't know about the DMCA "take down"...

Well, they're sort of similar, but the request is different. The DMCA notices are much simpler and just (essentially) say "these files are on your server and they're our intellectual property, so, hosting company, take down the server". I don't remember if that's what Shinsen got last time or not, but it's what I've seen most often - and a lot of times, for such requests, I've seen groups just remove the files from their servers, but not stopping subbing it (for better or worse...). Some groups don't distribute licensed work on BT for that very reason. Anyway, I guess the only point I was getting at is that the question isn't quite as simple as the poll implies - it'd be very rare indeed to find anyone who wouldn't comply with a legal request/demand if they believed the threat was real and would be enforced - I mean, who wants to put their livelihood and future on the line to support piracy? But sometimes, in terms of what you see actually happening out there, it's also a question of what's being asked.

[StarCreator]

Assuming the source of the C&D can be verified, then I would drop it, without question.

Yes, it's illegal regardless of whether or not a C&D is issued, but I'm not going to keep releasing if a company cares enough about my actions to want me to stop. We -have- stopped projects before they started for this reason (although this was more akin to an insider tip rather than actual legal contact). I'm not in this to stick it to the anime industry, so I think it would be unreasonable not to stop.

[physics223]

Originally Posted by wingdarkness

Nope, this ain't stealing recipes...

This is piracy...where we walk the plank for fun ...

Wow. That was a very well said statement.

[Harry Paratesticles]

Originally Posted by tun

Nope.

"If you're going to lie, lie all the way till the end."

If I'm already doing something that I know is illegal(fansubbing), then that means I also understand the risks and consequences.

I don't wish for anyone to be prosecuted against, but it's sad to see someone who values his life so little. If it's worth throwing away for something so trivial as fansubbing, then I truly feel sorry for you.

[Tiamat's Disciple]

Nope, pure and simple. Alot of license only cover America, so we can thumb our nose to them lol

That said, to be honest it depends on where we are in the show. If its say a Glass Mask style show with 50+ episodes, and we're only just starting, then honestly we'd stop. However, if we were over the 3/4 mark, we'd probably wait, do all the remaining eps and then release a batch torrent on something like ISOHunt or Datatorrents, not out of spite, but simply to finish a project.

Fansubbing is ilegal, we do this know its a crime, we ARE pirating anime no matter what you say, sure we don't make money as such *cough*donations*cough* but its still pirating.

[tun]

Originally Posted by Harry Paratesticles

I don't wish for anyone to be prosecuted against, but it's sad to see someone who values his life so little. If it's worth throwing away for something so trivial as fansubbing, then I truly feel sorry for you.

After reading relentlessflame's post, I was under the assumption that it was the second scenario(a stop distribution letter) that this thread was about. If it was the first one where they actually contacted me through a lawyer or something and there was possible legal trouble ahead, then yes I would stop. Taliesin's post is also something I would follow. And there's really no need to judge people like that. :\

[Access]

I presume you mean a postal letter, not e-mail. If I ever got a postal letter like that, I'd freak out and have to stop since (they) were able to find me irl to send me the letter in the first place. And I don't think I've ever subbed anything that's been licensed to begin with, so I can't imagine why I'd get one in the first place. But I do know one guy who must have 20+, all framed and on his living room wall.

[DeathWolf]

usually yes?
unless it's very close to completion, when a c&d(not a japanese one like mediafactory though) comes in i'd stop.
It also depends on who sends the c&d. If a company that is well known to do crappy r1s sends one, i'd be less likely to respect them and their c&d.

[Aleks]

nothing to be scared of, most companies just send a CaD letter to scare you off, but they never follow through on any of the consequences if you don't. They rather not waste the money on it.

[DeathWolf]

exactly what i meant. The c&d are pretty unimportant in the case of anime shows imho, and the only reason to respect them is respect for the licensing company.

[TheFluff]

Personally, I would not, but I certainly wouldn't want to force my fellow group members about the issue either. The reason is that while I'm pretty much immune to the legal trouble because of my nationality, the other group members probably are not.

[Ronbo]

I’ll keep this short!

Unless the C&D letter you receive comes from the production company that created the anime in question then it carries no legal remedies in regards to infringement issues. Licensees only obtain positive rights that give them authorization to use the original material in their works. The original copyright holder that licensed their material to the licensee still retains all negative rights and is the only person or persons that is empowered to prevent others from using their material without authorization!

[gumbaloom]

You are incorrect sir. A license is a license and a company can do anything they have to protect their commercial interests for the territory which they have bought their license for.

Personally I'm not going to run the risk of C&D's. The ONLY time I'd consider it was a project that was VERY close to completion and the release of the commercial DVD's was still in the distance future.

Regards


-gumbaloom